MANUAL FOR METONYMY (PROPRIETARY) LTD T/A TRACEPS (Registration number 2006/014042/07) In accordance with Section 51 of the Promotion of Access to Information Act No 2 of 2000 ( the Act ) CONTENTS: A. INTRODUCTION TO METONYMY (PROPRIETARY) LTD t/a TRACEPS B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL 1. Contact details 2. The section 10 Guide on how to use the Act 3. Records available in terms of any other legislation 4. Access to the records held by Traceps i. The latest notice regarding the categories of records of Traceps, which are available without a person having to request access in terms of the Act in terms of section 52(2) ii. Records held by Traceps iii. The request procedures 5. Other information as may be prescribed 6. Availability of the manual 7. Prescribed fees for private bodies 8. Prescribed forms A. Introduction to Traceps The manual is to assist potential requesters as to the procedure to be followed when requesting access to information / documents from Traceps as contemplated in terms of the Act. The manual may be amended from time to time and as soon as any amendments have been finalised the latest version of the manual will be made public. Any requester is advised to contact our Information Officer(s) should he / she require any assistance in respect of the utilisation of this manual and/or requesting of documents / information from Traceps. The following words will bear the following meaning in this manual:- the Act shall mean the Promotion of Access to Information Act, No 2 of 2000, together with all relevant regulations published. the/this manual Traceps SAHRC shall mean this manual together with all annexures thereto as available at the offices of Traceps from time to time. shall mean Metonymy (Pty) Ltd trading as Traceps shall mean the South African Human Rights Commission. Metonymy (Pty) Ltd trading as Traceps is a subsidiary of Blake and Associates Holdings (Pty) Ltd. Blake and Associates Holdings (Pty) Ltd is a partially owned subsidiary of Gamiro Ventures (Pty) Ltd. The subsidiaries of Blake and Associates Holdings (Pty) Ltd are Blake Connect (Pty) Ltd., Blake and Associates (Pty) Ltd, Metonymy (Pty) Ltd trading as Traceps, Traq Software (Pty) Ltd trading as Interactive Solutions, Ctrlroom (Pty) Ltd, Maravedi Credit Solutions (Pty) Ltd, Retail Collection Services (Pty) Ltd (dormant), Blake and Associates Offshoring (Pty) LTD (dormant), Mala Investments (Pty) Ltd, (Botswana) (dormant) Blake is a private body as defined in the Act. 1
B. Particulars in terms of the section 51 manual 1. Contact details (in terms of Section 51(1)(a) of the Act) Traceps Chief Executive Officer: Andre Bezuidenhout Information Officer: Andre Bezuidenhout Street Address: 32 Flanders Drive, Mount Edgecombe Postal Address: Private Bag X27, Umhlanga Rocks, 4320 Telephone: + 27 31-538-4000 Fax: + 27 86 673 9960 Website: www.traceps.co.za E-mail: paia@blake.co.za 2. The section 10 Guide on how to use the Act (in terms of Section 51(1)(b)) In terms of section 10 of the Act, the SAHRC is required to compile, in each official language, a guide to the Act to assist people in exercising their rights under the Act. The SAHRC may be contacted at: The South African Human Rights Commission (SAHRC): PAIA Unit The Research and Documentation Department Postal address: Private Bag 2700 Houghton 2041 Telephone: +27 11 484-8300 Fax: +27 11 484-0582 Website: www.sahrc.org.za E-mail: PAIA@sahrc.org.za 3. Records available in terms of any other legislation (in terms of Section 51(1)(d)) Traceps keeps information / documents in accordance with the following legislation (please note that this is not an exhaustive list): - 1. Basic Conditions of Employment No.75 of 1997 2. BBBEE Act No. 46 of 2013 3. Companies Act No. 71of 2008 4. Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993 5. Consumer Protection Act No.68 of 2008 6. Electronic Communications Act No. 36 of 2005 7. Employment Equity Act No. 55 of 1998 8. Income Tax Act No. 95 of 1967 9. Labour Relations Act No. 66 of 1995 10. Occupational Health & Safety Act No. 85 of 1993 11. Promotion of Access to Information Act No.2 of 2000 12. Protection of Personal Information Act No.4 of 2013 13. Skills Development Levies Act No. 9 of 1999 14. Skills Development Act No. 97 of 1998 15. Unemployment Contributions Act No. 4 of 2002 16. Unemployment Insurance Act No. 63 of 2001 17. Value Added Tax Act No. 89 of 1991. 2
4. Gaining access to records held by Traceps (in terms of Sections 51(1)(c) and 51(1)(e)). 4.1 What categories of records are, or will be, automatically available without you having to request access to these records in terms of the Act? The Act provides for the automatic disclosure of certain records. Should records be automatically disclosed, you will not have to formally request these records in terms of the Act. In terms of the Act, this automatic disclosure by private companies is voluntary. This means that a private company is not obliged to make such disclosure. If a private company chooses to make such voluntary disclosure, it may do so by giving notice thereof in terms of Section 52(2) of the Act. 4.2 What records can you request? (in terms of Section 51(1)e)) Requests for records are to be forwarded to our Information Officer as follows: Traceps Street Address: 32 Flanders Drive, Mount Edgecombe Postal Address: Private Bag X27, Umhlanga Rocks, 4320 Telephone: +2731-538-4000 Fax: +27866739960 Website: www.traceps.co.za Email: paia@blake.co.za Records that may be requested are set out in the following categories and types: CATEGORIES & TYPES OF RECORDS HELD BY TRACEPS STATUTORY: - annual report - contractual agreements - professional indemnity schedule - registers - statutory records & returns HUMAN RESOURCES: - employment records - IR disciplinary & grievance procedures & hearings - leave records - other internal records & reports - policies & procedures - salary records ADMIN, FINANCE & ACCOUNTING: - accounting records - PAYE records - policies & procedures - suppliers records WEBSITE SERVICES: - customer records 3
- application forms - terms & conditions - correspondence ASSETS & SECURITY: - procedures & schedules 4.3 How do you request records? When requesting a record, the following procedures must be followed. You must use the prescribed form to make the request for access to a record. (You can find the form at the end of this manual). Your request must be made to our Information Officer. Your request must be made to the address, or fax number or electronic mail address as set out under 1 above. You must provide sufficient detail on the request form to enable the Information Officer to clearly identify the record as well as your specific identity. You must also indicate which form of access you require. You must also indicate if you wish to be informed in any other manner and if so, you must state the necessary particulars required to be so informed. You must identify the right that you are seeking to protect or that you wish to exercise and you must provide an explanation as to why the requested record is required for the protection or exercise of that right. If you are making the request on behalf of another person, you must submit proof, to the satisfaction of the Information Officer, of the capacity in which you are making the request. The prescribed fee (if any) must be paid as set out in 7 below. 5. Other information as may be prescribed (in terms of Section 51(1)(f)) In terms of this Section, the Minister may publish a notice prescribing any other information that companies will have to disclose. The Minister has not yet published this Notice. 6. Availability of the manual (in terms of Section 51(3)) 6.1 This manual is available for inspection during office hours, at no cost, at our offices. 6.2 Should you wish to obtain a copy of this manual, or part thereof, such copy can be obtained from either: 6.2.1 Our head office, at the prescribed fee as set out in Item 1 of Part III of the Fee Schedule; or 6.2.2 it can be downloaded from our website at www.traceps.co.za 7. Prescribed fees Once your request is made, you will receive notice from us to pay the prescribed fee of R50.00. This prescribed fee must be paid before your request will be processed. Payment of this fee is to be made as directed by the Information Officer. If you are making a request in your personal capacity, payment of the prescribed fee of R50.00 may not be required. 4
We will then make a decision in respect of your request and will notify you of our decision Should your request be refused, you may lodge an application at court against the tender or payment of the requested fee as will be advised in the Notice to you (in terms of (sec 54(3)(b) of the Act). If your request is granted then you will have to pay a further access fee for the search, reproduction and preparation of the record as well as for any time, that has exceeded the prescribed hours, to search and in order prepare the record for disclosure to you (in terms of sec 54(6)) of the Act). The fees are set out in the schedule below, marked Fees payable to Traceps. VALUE ADDED TAX: Please note that Metonymy (Pty) Ltd trading as Traceps is registered under the Value-Added Tax Act (Act No. 89 of 1991) as a vendor and may in terms thereof add value-added tax (VAT) to all fees prescribed below. FEES PAYABLE TO TRACEPS 1. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof. 2. The fees for reproduction referred to in regulation 11(1) are as follows: (a) (b) For every photocopy of an A4-size page or part thereof 1,10 For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine- readable form 0,75 (c) For a copy in a computer-readable form on - (i) Stiffy disc 7,50 (ii) Compact disc 70,00 (d) (i) For a transcription of visual images, for an A4-size page or part thereof 40,00 (ii) For a copy of visual images 60,00 (e) (i) For a transcription of an audio record, for an A4-size page or part thereof 20,00 (ii) For a copy of an audio record 30,00 R 3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00 5
4. The access fees payable by a requester referred to in regulation 11(3) are as follows: R (1)(a) For every photocopy of an A4-size page or part thereof 1,10 (b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machinereadable form 0,75 (c) For a copy in a computer-readable form on - (i) Stiffy disc 7,50 (ii) Compact disc 70,00 (d) (i) For a transcription of visual images, for an A4-size page or part thereof 40,00 (ii) For a copy of visual images 60,00 (e) (i) For a transcription of an audio record, for an A4-size page or part thereof 20,00 (ii) For a copy of an audio record 30,00 (f) To search for and prepare the record for disclosure, 30,00 for each hour or part of an hour reasonably required for such search and preparation. (2) For purposes of section 54(2) of the Act, the following applies: (a) Six hours as the hours to be exceeded before a deposit is payable; and (b) One third of the access fee is payable as a deposit by the requester. (3) The actual postage is payable when a copy of a record must be posted to a requester. 8. Prescribed forms Your request must be set out in the prescribed form. A copy of this prescribed form is set out below. 6
A. Traceps REQUEST FOR ACCESS TO RECORD OF TRACEPS (Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)) [Regulation 10] For attention: Andre Bezuidenhout Traceps Private Bag X27, Umhlanga Rocks, 4320 Tel: +2731-538-4000 Fax: + 27866739960 B. Particulars of person requesting access to the record (a) The particulars of the person who requests access to the record must be given below. (b) The address and/or fax number in the Republic to which the information is to be sent must be given. (c) Proof of the capacity in which the request is made, if applicable, must be attached. Full names and surname: Identity number: Postal address: Physical Address: Fax number: Telephone number: E-mail address: Capacity in which request is made, when made on behalf of another person: C. Particulars of person on whose behalf request is made This section must be completed ONLY if a request for information is made on behalf of another person. Full names and surname: Identity number: 7
D. Particulars of record (a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. (b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios. 1. Description of record or relevant part of the record: 2. Reference number, if available: 3. Any further particulars of record: E. Fees (a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. (b) You will be notified of the amount required to be paid as the request fee. (c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. (d) If you qualify for exemption of the payment of any fee, please state the reason for exemption. Reason for exemption from payment of fees: 8
F. Form of access to record If you are prevented by a disability from reading, viewing or listening to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. Disability: Form in which record is required: Mark the appropriate box with an X. NOTES: (a) Compliance with your request in the specified form may depend on the form in which the record is available. (b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form. (c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested. 1. If the record is in written or printed form: copy of record* inspection of record 2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.): view the images copy of the images* transcription of the images* 3. If record consists of recorded words or information which can be reproduced in sound: listen to the soundtrack (audio cassette) transcription of soundtrack* (written or printed document) 4. If record is held on computer or in an electronic or machine-readable form: printed copy of record* printed copy of information derived from the record* disc) *If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable. copy in computer readable form* (stiffy or compact YES NO G. Particulars of right to be exercised or protected If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios. 9
1. Indicate which right is to be exercised or protected: 2. Explain why the record requested is required for the exercise or protection of the aforementioned right: H. Notice of decision regarding request for access You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request. How would you prefer to be informed of the decision regarding your request for access to the record? Signed at on this day of 20 SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE 10